40-Day Count Down
We have now completed 40 days of the 60-day 2024 Legislative Session. The focus is now shifting to bills being heard on the floor as opposed to committee meetings. For those bills that have been assigned to committees but have not been heard, the likelihood of them passing this session is minimal.
There are currently 709 general bills out of 1,932 filed bills that have not been heard in any of their committees of reference. Currently, 22 bills have been enrolled and 6 have been signed into law by Governor DeSantis.
Budget
As lawmakers embark on the last three weeks of the 2024 Legislative Session, allocations for each budget silo have yet to be released putting into question when budget negotiations will begin. The hope is that allocations will be released this week and negotiations will begin this weekend. The General Appropriations Act requires a 72-hour “cooling off” period. Per this requirement, the budget negotiations should be completed by March 5th.
Tax Package
HB 7073 – Taxation by Representative McClain
SB 7074 – Taxation by Finance and Tax Subcommittee
HB 7073 by Representative McClain is aimed to save businesses and consumers in Florida $728.1 million over the next two fiscal years. For sales taxes, the bill creates a 14-day “back-to-school” tax holiday, in July and August 2024, for certain clothing, school supplies, learning aids and puzzles, and personal computers; two 14-day “disaster preparedness holidays in June and parts of August and September 2024 for specified disaster preparedness; a “Freedom Month” tax holiday has been trimmed from three-months down to one month, July 2024, for specified recreational items and activities; and a seven-day “Tool Time” tax holiday in September for tools and equipment needed in skilled trades. The bill reduces the business rent tax to 1.25% for a year, saving businesses about $339.6 million. Relating to corporate income tax, this bill creates a corporate income tax credit for businesses that hire persons with disabilities. In addition, for property taxes, this bill expands the ad valorem tax benefits for renewable energy source devices. HB 7073 was referred to one committee, Appropriations, and is scheduled to be heard on Tuesday, February 20th at 1:00 pm. Its Senate Companion, SB 7074, decreases insurance premium taxes and increases an allowance for small businesses remitting sales taxes. Familiar provisions such as sales tax holidays are included however, the cut to premium insurance and business rent tax are not included in the SB 7074. The bill is scheduled to be heard in its only committee of reference, Finance and Tax on Tuesday, February 20th at 1:30 pm.
Agriculture
HB 1613 – Hemp by Representative Gregory
SB 1698 – Food and Hemp Products by Senator Burton
HB 1613 by Representative Gregory modifies the definition of “hemp” and clarifies that it excludes both naturally and synthetically occurring versions of controlled substances, such as delta-8 THC. This measure aims to prevent the marketing of hemp products to children and prohibits the use of packaging featuring animals, toys, unique shapes, animations, or promotional characters. The bill also tightens the regulations for the sale or manufacturing of hemp extract by prohibiting event organizers from promoting non-compliant products. Additionally, the bill appropriates $2 million in non-recurring funds to buy testing equipment. The bill has passed three committees of reference and is scheduled to be heard in its final committee, Appropriations, on Tuesday, February 20th at 1:00 pm. Its Senate companion, SB 1698, by Senator Burton, unanimously passed the Senate floor on Thursday, February 15. It was immediately certified and is now in Messages and headed to the House floor.
Local Administration
SB 812 – Expedited Approval of Residential Building Permits by Senator Ingoglia
HB 665 – Expedited Approval of Residential Building Permits by Representative McClain
SB 812 by Senator Ingoglia requires counties with more than 75,000 residents and municipalities with 30,000 residents or more to create a program to expedite the issuing of residential building permits based on an introductory plat and to issue the number of building permits by October 1, 2024. Local governments must update their expedited building permit program with the increased number by December 31, 2027. This requirement must conform to the Florida Building Code and require a local building official and a local governing body to mail a signed, certified letter with specific information to the Department of Business and Professional Regulation and the Department of Commerce. It has favorably passed in each committee of reference and has been placed on the calendar for a second reading. Its House companion, HB 665 by Representative McClain, provides that any city that does not have 25 acres of contiguous land designated by the local preliminary for residential development or agricultural purposes does not have to create the new preliminary plat process (previously exempted those cities under 30,000 residents). The bill also defines who a qualified contractor is and requires a local government body to publish a list of at least 3 qualified contractors they may use to help with staffing and approve an expedited application for a preliminary plat. This bill passed favorably in each committee of reference and has been placed on the calendar for a second reading.
HB 433 – Employment Regulations by Representative Esposito
SB 1492 – Employment Regulations by Senator Trumbull
HB 433 by Representative Esposito prohibits local governments from preferring contractors based on their wages or employment benefits. The bill removes the local government’s authority to enforce a minimum wage for specific employees under a contract. The state has been given the power to regulate employment terms and conditions and regulate workplace heat exposure requirements. However, local governments can still provide workplace heat exposure requirements for their employees, and the preemption of workplace heat exposure requirements does not apply if compliance will prevent the local government from receiving federal funds. The bill has favorably passed its second committee of reference, State Affairs, with a vote of 14 Yeas and 6 Nays. It is waiting to be scheduled for its final committee, Commerce. Its Senate companion, SB 1492, by Senator Trumbull, has favorably passed through two committees of reference, and it is waiting to be scheduled for its final committee, Rules.
HB 609 – Local Business Taxes by Representative Botana
SB 1144 – Local Business Taxes by Senator DiCeglie
HB 609 by Representative Botana regulates how local governments levy business taxes. The local business tax is a fee charged by the local government for businesses operating in its jurisdiction. The bill proposes a cap on the amount of revenue that a government can receive from these taxes based on the revenue earned during the fiscal year ending September 30, 2023, or the fiscal year ending September 30, 2024, whichever is greater. If a local government earns more revenue from local business tax than it did in the base year, it must proportionally reduce tax rates and issue refunds to taxpayers. Annual financial reports are required, including an affidavit attesting to compliance. If compliance is not met, then tax rates must be reduced, and refunds will be issued. HB 609 was amended to not apply to fiscally constrained counties or a municipality located in a fiscally constrained county. The bill has favorably passed its last committee of reference, State Affairs, with a vote of 12 Yeas and 7 Nays. It is waiting to be placed on the calendar for a 2nd reading. Its Senate companion, SB 1144, by Senator DiCeglie, was referred to three committees of reference and has yet to be heard.
HB 791 – Development Permits and Orders by Representative Esposito
SB 1150 – Development Permits and Orders by Senator Perry
HB 791 by Representative Esposito revises the procedures for counties and municipalities to issue development permits and orders. A development permit is any official action of a local government that allows land development, including building permits, zoning permits, subdivision approval, rezoning, etc. A development order is issued by a local government and grants, denies, or grants with conditions an application for a development permit. This bill requires counties and municipalities to specify in writing the minimum information that must be sent in specific development applications, confirm receipt of an application within five business days, and issue a refund of application fees if specific deadlines are not met. The bill has favorably passed in each committee of reference and has been placed on the calendar for a second reading. Its Senate companion, SB 1150, by Senator Perry, has favorably passed its first committee of reference, Community Affairs, with a vote of 7 Yeas and 1 Nay. It is waiting to be scheduled for its second committee, Judiciary.
SB 648 – License or Permit to Operate a Vehicle for Hire by Senator DiCeglie
HB 377 – License or Permit to Operate a Vehicle for Hire by Representative Borrero
SB 648 by Senator DiCeglie relates to the licensing or permitting of a vehicle for hire. Specifically, this bill prohibits a county or municipality from requiring a person to obtain an additional license from such county or municipality when that person holds a valid, active license or permit to operate a vehicle for-hire. Similar to the statutory law for Uber/Lyft drivers, the bill currently contains an exemption for airports and seaports. The bill has favorably passed all three committees of reference and has now been placed on the Special-Order calendar for Wednesday, February 21st. Its House companion, HB 377, favorably passed off the House floor with a vote of 118 Yeas and 1 Nay. It has now been referred to Rules.
HB 7013 Special Districts by Representative Persons-Mulicka
SB 1058 Special Districts by Senator Hutson
HB 7013 by Representative Persons-Mulicka revises provisions relating to special districts which are units of local government created for a particular purpose, with jurisdiction to operate within a limited geographic boundary. The bill creates a 12-year term limit for elected members of governing bodies of most types of independent special districts unless the district’s charter provides for more restrictive terms of office. The bill provides that the boundaries of an independent special district may only be changed by general law or a special act. Also, the bill adds additional criteria for declaring a special district inactive. The bill unanimously passed off the House floor with a vote of 114 Yeas. It has now been referred to Rules. Its Senate companion, SB 1058, unanimously passed its final committee, Rules, with a vote of 17 Yeas. It has now been placed on the calendar for a second reading.
Transportation
HB 1301 Department of Transportation by Representative (s) Abbott and Berfield
SB 1226 Department of Transportation by Senator DiCeglie
HB 1301 by Representative (s) Abbott and Berfield addresses matters related to transportation. The bill provides that the Florida Department of Transportation (FDOT) may not expend state funds approved through the General Appropriations Act (GAA) to support a project or program of a public transit provider, certain transportation authorities, a public-use airport, or a port until they comply with s. 381.00316, F.S. As it relates to public transit, the bill requires that any lane elimination or lane repurposing, recommendation, or application relating to public transit projects must be approved by a two-thirds vote of the transit authority board in a public meeting with a 30-day public notice. The bill passed favorably in its final committee of reference, Infrastructure Strategies, with a vote of 17 Yea and 8 Nays. Its next stop will be the House floor. Its Senate companion, SB 1226, is scheduled to be heard in its second committee, Appropriations Committee on Transportation, Tourism, and Economic Development, on Tuesday, February 20th at 1:30 pm.